Early action key when expropriating condominium common elements

A number of large, publicly funded infrastructure projects are underway in Ontario. These include multiple year transit initiatives such as the Mississauga and Ottawa light rail transit system. Given their mostly urban locations, a number of expropriations associated with such projects will inevitably involve condominium common elements.

The expropriation of common elements presents unusual complications. For example, a condominium corporation does not own the common elements, every molecule of which is owned by the unit owners from time to time in the proportions set out in...